Kulhavy v. Burlington Northern Santa Fe R.R.

State: Illinois

Court: 1st District Appellate

Docket No: 1-02-1973 Rel

Case Date: 02/07/2003

SIXTH DIVISION
February 7, 2003

No. 1-02-1973

TERRY R. KULHAVY,

Plaintiff-Appellant,

BURLINGTON NORTHERN SANTA FE RAILROAD,

Defendant-Appellee.

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Appeal from the
Circuit Court of
Cook County

Honorable
David R. Donnersberger,
Judge Presiding.

JUSTICE O'MARA FROSSARD delivered the opinion of the court:

Plaintiff Terry R. Kulhavy filed a complaint against defendant Burlington Northern SantaFe Railroad⁽¹⁾ (BNSF) alleging that he sustained injuries in the course of his employment. Whenplaintiff and his counsel failed to appear for a case management conference, the circuit court, onits own motion, dismissed the case for want of prosecution. Plaintiff thereafter filed a petitionfor relief from judgment, which was denied by the circuit court. On appeal, plaintiff contendsthat the circuit court erred in not vacating its dismissal of the case. We affirm.

BACKGROUND

On May 24, 2000, pursuant to the Federal Employers' Liability Act (FELA) (45 U.S.C.